There is a difference between an insurance claim and a lawsuit is important and one that both you and your attorney must understand. If you have been injured in a car accident, your car accident attorney must provide notice to potential insurers of the accident. In providing notice to insurers, your attorney will obtain a claim number. That claim number is essentially the reference number for your case to be used in correspondence with the insurer.
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Providing Notice of A Claim Is an Essential Part of Obtaining Insurance Coverage for A Car Accident Injury.
The establishment of the claim and providing notice of the claim to potential insurers satisfies the contractual obligation of notice of a claim that every insurance policy (that we are aware of) requires.
Filing a Lawsuit Within the Statute of Limitations Is Essential to Pursuing a Recovery when The Insurance Company Will Not Settle the Car Accident Claim.
Providing notice of a car accident claim to potential insurers is undoubtedly critical. However, establishment of the claim with an insurance company is not sufficient to protect the claim. In order to move forward with the claim in court if the insurance company is unwilling to settle the claim, a lawsuit alleging your injuries and damages caused by the car accident must be filed within the statute of limitations.
What Happens if Notice of A Claim Is Not Timely Given to An Insurer of A Car Accident?
If an insurer is not timely notified of a car accident injury and claim, the insurance can file what is called a declaratory judgment action. In the declaratory judgment action, the insurance company may ask the court to rule that the insurer is not responsible for the injuries caused by the accident.
What Happens if A Lawsuit Is Not Timely Filed After a Car Accident?
If a lawsuit is not timely filed after a car accident, the case is barred by the statute of limitations. Generally, the statute of limitations for personal injuries arising from a car accident is 2 years from the date of the accident.
Macon personal injury lawyer Ben Sessions discusses the importance of providing notice of an accident to the other party’s insurance company. One of my responsibilities is to give notice to the insurance company following an accident. With appropriate notice given, then the insurance company can reject coverage for that accident. If you have been involved in a car accident and your need an attorney in Macon, Georgia, call The Sessions Law Firm today at (478) 254-2665.
How Do We Find out How Much Insurance Is Available for A Car Accident Claim?
Learning how much insurance is available to cover a car accident is a critical part of learning how much resources are available to compensate you for your injuries following a car accident. If you have been involved in a car wreck that resulted in catastrophic injuries, you want to know if the at-fault driver has minimum liability limits. Likewise, we want to know if the at-fault driver has plenty of potential insurance coverage. O.C.G.A. § 33-3-28 (a)(1) states:
Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information.
What Does the Letter to An Insurer Requesting Policy Limits After a Car Accident Need to Say?
A letter requesting policy limits must include:
- The claimant’s request shall set forth the specific nature of the claim asserted;
- The request must be made under oath; and
- It shall be mailed to the insurer by certified mail or statutory overnight delivery.
The law further requires that:
The insured, within 30 days of receiving a written request from a claimant or the claimant’s attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim.
Hiring a Lawyer
Hiring a lawyer is about more than getting a great result in your case. We understand that for many of our clients, the event that led them to call us causes them tremendous stress and anxiety. We will help you understand the process and how we can help. When you hire The Sessions Law Firm for your case, you will have a lawyer that is willing to take the time to help you and committed to delivering the best results possible.
